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CITY OF ELK RIVER <br /> AGREEMENT FOR ISSUANCE OF <br /> CONDITIONAL USE PERMIT <br /> FOR MINERAL EXCAVATION <br /> THIS AGREEMENT, made and entered into this day of , <br /> 2006, by and between the CITY OF ELK RIVER, a municipal corporation organized <br /> under the laws of the State of Minnesota (City), and Aggregate Industries-North <br /> Central Region, Inc., a Minnesota corporation, hereinafter referred to as <br /> (Operator); <br /> WITNESSETH: <br /> WHEREAS, Operator has made application to City for approval of a <br /> conditional use permit to operate a gravel mining operation within the City on <br /> property legally described as follows: <br /> The Southeast Quarter of Section 9, and the East Half of Section 16, all in <br /> Township 33, Range 26, Sherburne County, Minnesota. <br /> (the Property); and <br /> WHEREAS, the City of Elk River Planning Commission and City <br /> Council have held hearings on Operator's request for a conditional use <br /> permit, at which hearings all citizens of the City of Elk River and other <br /> interested parties have had the opportunity to be heard on the application; <br /> and <br /> WHEREAS, the City Council by motion adopted on this _ day of <br /> , 49902013, an amended conditional use permit for the operation of a <br /> gravel mining operation (the Operation) on the Property, subject to certain <br /> conditions, including that Operator enter into a conditional use permit <br /> agreement with City so as to fully comply with the City's Mineral Excavation, <br /> Zoning, and other applicable ordinances; and <br /> WHEREAS, the City's Zoning Ordinance requires that a conditional <br /> use permit be issued and that a conditional use permit agreement for mineral <br /> excavation be entered into. <br />